Legal Studies HSC 3rd Edition

Teaching and learning program

HSC course outcomes

Objectives / Preliminary course outcomes
A student develops knowledge and understanding about: / A student:
1The nature and institutions of domestic and international law / H1Identifies and applies legal concepts and terminology
H2Describes and explains key features of Australian and the relationship between Australian and international law
2The operation of Australian and international legal systems and the significance of the rule of law / H3Analyses the operation of domestic and international legal systems
H4Evaluates the effectiveness of the legal system in addressing issues
3The interrelationship between the law, justice and society and the changing nature of law / H5Explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6Assesses the nature of the interrelationship between the legal system
and society
H7Evaluates the effectiveness of the law in achieving justice
A student develops skills in:
4Investigating, analysing and communicating relevant legal information and issues / H8Locates, selects, organises, synthesises and analyses legal information
from a variety of sources including legislation, cases, media, international instruments and documents
H9Communicates legal information using well-structured and logical arguments
H10Analyses differing perspectives and interpretations of legal information
and issues

Part 1 of the Core: Crime30% of course time

Principal focus: Through the use of a range of contemporary examples, students investigate criminal law, processes and institutions
and the tension between community interests and individual rights and freedoms.

Themes and challenges to be incorporated throughout this topic:

•The role of discretion in the criminal justice system

•Issues of compliance and non-compliance in regard to criminal law

•The extent to which the law reflects moral and ethical standards

•The role of law reform in the criminal justice process

•The extent to which the law balances the rights of victims, offenders and society

•The effectiveness of legal and non-legal measures in achieving justice

1The nature of crime
Resources: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 2–21
Students learn about: / Students learn to: / Strategies / Sign off
•The meaning of crime
•The elements of crime: actus reus, mens rea / •Describe the nature of crime / •Define the term ‘crime’ from the Crimes Act 1900 (NSW) with reference to particular types of crimes at:

e.g. see the definition for murder and manslaughter at s.18 of the Act:

ca190082/s18.html.
•Strict liability offences
•Causation / •Distinguish between strict liability offences and those requiring mens rea.
… continued
•Categories of crime including offences against the person, offences against the sovereign, economic offences (property/ white collar/computer), drug offences, driving offences, public order offences, preliminary crimes (attempts and conspiracy) / •Recognise the different categories of crime / •See the different sections of the Crimes Act 1900 (NSW) for definitions.
•Students can classify various offences according to the categories.
•Students can build a newspaper file of media reports classified according to type of crime/offence.
•Summary and indictable offences / •Differentiate between summary and indictable offences / •Print out the Table of Provisions of the Summary Offences Act 1988 (NSW) so that students can see what types of offences are summary in nature.
•Students can view relevant sections of the Australian Constitution (ss. 71–76) to see what rights those convicted of an indictable offence possess. They can research the variation between definitions in the states and territories.
•Parties to a crime, including principal in the first degree, principal in the second degree, accessory before the fact, accessory after the fact / •Students can investigate the notion of joint criminal enterprise to see the relationship between types of crimes committed in company and roles of offenders.
•Factors affecting criminal behaviour / •Examine a range of factors that may lead to criminal behaviour / •Students can investigate a range of factors affecting criminal behaviour.
•Invite a social worker to the class to discuss how social factors affect self-esteem and how this in turn can lead a person to become involved in crime.
•Crime prevention: situational, social / •Investigate a range of situational and social crime prevention techniques / •Students can observe a range of situational interventions to reduce criminal activity.
2The criminal investigation process
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 22–31
Students learn about: / Students learn to: / Strategies / Sign off
•Police powers / •Discuss the powers of police in the criminal process / •Invite a guest speaker from the NSW Police Force to discuss the process of arrest from investigation, reasonable suspicion, arrest, questioning and charge, including gathering evidence through a search warrant, and finishing with the court proceedings.
•Reporting crime / •Examine the reporting and investigation of crime
•Investigating crime: gathering evidence, use of technology, search and seizure, use of warrants / •Assess the effectiveness of the criminal investigation process as a means of achieving justice
•Arrest and charge, summons, warrants
•Bail or remand
•Detention and interrogation, rights of suspects / •Research the effect of recent changes to bail laws and a weakening of the doctrine of the ‘presumption of bail’.
•Summmarise the rights of suspects throughout the criminal process.
3The criminal trial process
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 32–49
Students learn about: / Students learn to: / Strategies / Sign off
•Court jurisdiction / •Describe the role of the courts in the criminal justice process / •Draw the court hierarchy, indicating the appellate and original jurisdiction of courts. Include the diversionary NSW Drug Court, the inquisitorial Coroner’s Court and the Children’s Court.
•The adversary system / •Discuss the use of the adversary system as a means of achieving justice / •Distinguish between adversarial and inquisitorial processes.
•Legal personnel: magistrate, judge, police prosecutor, Director of Public Prosecution, Public Defenders / •Examine the role of legal representation in the criminal trial / •Invite a lawyer in to the class to discuss issues such as the threshold or standard of proof; the difference between an objective and a subjective test; and the benefits of legal representation.
•Pleas, charge negotiation / •Research arguments in favour of, and against, the use of charge negotiation (or ‘plea bargaining’).
•Legal representation, including legal aid
•Burden and standard of proof
•Use of evidence, including witnesses / •Research the features of legal aid and invite a legal aid lawyer to talk to the students about equity and access.
… continued
•Defences to criminal charges:
–complete defences
–partial defences to murder / •Assess the use of defences to criminal charges in achieving justice / •Research key common-law cases that founded particular defenses, such as the defense of insanity arising from M’Naghten’scase.
•The role of juries, including verdicts / •Evaluate the effective-ness of the jury system in the criminal trial
•Assess the effectiveness of the criminal trial process as a means of achieving justice / •Trace the development of lay juries and the current circumstances in which the DPP can allow a person to have an indictable matter heard without a jury.
•Research either of the following propositions:
‘that juries should be involved in sentencing’
or
‘that there is no role for a jury’.
•Assess the impact of technology on jury trials.
4Sentencing and punishment
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 50–65
Students learn about: / Students learn to: / Strategies / Sign off
•Statutory and judicial guidelines / •Assess the workings of s. 10 of the Crimes (Sentencing Procedure) Act1999 (NSW), which allows for conditional discharge or dismissal of charges. Source:

consol_act/cpa1999278/
•The purposes of punishment: deterrence (specific and general), retribution, rehabilitation, incapacitation / •Students could distinguish between the purposes of punishment, noting how age affects prospects for rehabilitation.
•Factors affecting the sentencing decision: aggravating and mitigating circumstances
•The role of the victim in sentencing
•Appeals / •Discuss factors that affect sentencing decisions, including the purposes of punishment and the role of the victim / •Students could research whether sentencing acts as a ‘general deterrence’ or not.
•Students could observe a sentencing decision in the District Court and write a paragraph on the factors considered by the sentencing judge. They could contrast this with penalties imposed in the Magistrates’ Court.
… continued
•Types of penalties including: no conviction recorded, fine, bond, caution, penalty units, probation, suspended sentence, criminal infringement notice, community service order, home detention, periodic detention, forfeiture of assets, imprisonment, diversionary programs / •Evaluate the effective-ness of different types of penalties, including diversionary programs / •Invite a judge to talk to the class about factors affecting their sentencing decisions and the way in which consideration is given to aggravating and mitigating factors, judicial guidelines, precedent, community standards and expectations, the purposes of punishment, the subjective and objective features of the offence and any restrictions on discretion (such as minimum penalties that must be imposed).
•Alternative methods of sentencing including circle sentencing, restorative justice / •Assess the roles of alternative methods of sentencing / •Investigate the role of Indigenous communities in circle sentencing.
•Post-sentencing considerations: including security classification, protective custody, parole, preventative detention, continued detention, sexual offenders registration, deportation / •Examine the implications of post-sentencing considerations in achieving justice
•Evaluate the effective-ness of sentencing and punishment as a means of achieving justice / •Students to research the importance of both the Fardoncase and the Kablecase in regards to preventative detention orders (PDOs).
5Young offenders
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 66–84
Students learn about: / Students learn to: / Strategies / Sign off
•Age of criminal responsibility / •Discuss the issues surrounding the age of criminal responsibility / •Students could research the age of criminal responsibility in different Australian jurisdictions.
•Define the term ‘doli incapax’ and assess its implications for the law
•Debate the proposition ‘that the age of criminal responsibility should be lowered to 8 years’, with reference to particular cases.
•The rights of children when questioned or arrested
•Children’s Court – procedures and operation
•Penalties for children / •Explain why young offenders are treated differently in the criminal justice system / •Students may browse the austlii website to view the Young Offenders Act1997 (NSW). They can assess whether the approach taken by the Act suits the needs of young offenders.

consol_act/yoa1997181/
•Students may research the work of Dr Michael Carr-Gregg with respect to brain development, young men and responsibility.
•Alternatives to court / •Assess the effectiveness of the criminal justice system when dealing with young offenders / •Students can assess the law reform processes and issues with respect to young drivers, graffiti, fake identities and privacy (with respect to social networking sites).
•Invite in a guest speaker from the NSW Legal Aid office who can discuss issues related to young offenders.
6International crime
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 85–102
Students learn about: / Students learn to: / Strategies / Sign off
•Categories of international crime, including:
–crimes against the international community
–transnational crimes / •Define international crime / •Students could distinguish between customary international law and treaty law in regards to international crime.
•Dealing with international crime:
–domestic and international measures
–limitations / •Describe the various measures used to deal with international crime
•Evaluate the effectiveness of the domestic and inter-national legal systems in dealing with international crime / •Students can research the role of Interpol and reciprocal policing.
•Students can research the case of Dragan Vasiljkovic in regard to extradition for alleged war crimes.
•Students could visit the International Criminal Court website and assess its processes, structure and current cases:

•Debate whether the jurisdiction of the ICC should include offences like international drug dealing, arms smuggling, human trafficking, money laundering and transborder pollution.

Part II of the Core: Human rights20% of course time

Principal focus:Through the use of a range of contemporary examples, students investigate the notion of human rights and assess the extent to which legal systems embody such human rights and promote them in practice.

Themes and challenges to be incorporated throughout this topic:

•The changing understanding of the relationship between state sovereignty and human rights

•Issues of compliance and non-compliance in relation to human rights

•The development of human rights as a reflection of changing values and ethical standards

•The role of law reform in protecting human rights

•The effectiveness of legal and non-legal measures in protecting human rights

1The nature and development of human rights
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 103–117
Students learn about: / Students learn to: / Strategies / Sign off
•The definition of human rights / •Define human rights / •Students can assess whether notions of rights are ‘Westernised’ in international law by discussing whether the Eastern concept of fate or ‘karma’ allows human rights breaches in places like Myanmar to be justified.
•Developing recognition of human rights
–The abolition of slavery
–Trade unionism and labour rights
–Universal suffrage
–Universal education
–Self-determination
–Environmental rights
–Peace rights / •Outline how human rights have changed and developed over time
•Investigate the evolving recognition and importance of universal human rights / •Students could draw a timeline of the development of different human rights documents.
… continued
•Formal statements of human rights
–Universal Declaration of Human Rights
–International Covenant on Civil and Political Rights
–International Covenant on Economic, Social and Cultural Rights / •Examine the major human rights documents and explain their contribution to the development of human rights / •Students can read through the following declarations and treaties and summarise their main focus in respect of human rights:
•Universal Declaration of Human Rights (UDHR)

udhr/index.shtml
•International Covenant on Civil and Political Rights (ICCPR)

ccpr.htm
•International Covenant on Economic, Social and Cultural Rights (ICESCR)

cescr.htm
2Promoting and enforcing human rights
Resource: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 118–139
Students learn about: / Students learn to: / Strategies / Sign off
In the international community
•State sovereignty / •Assess the role of state sovereignty in promoting and enforcing human rights / •Invite a guest speaker from one of the universities to talk to students about the role of international law in balancing state sovereignty with external responsibility.
•The roles of:
–the United Nations
–intergovernmental organisations
–courts, tribunals and independent statutory authorities
–non-government organisations
–the media. / •Evaluate the effective-ness of international responses in promoting and enforcing human rights / •Draw a full-page mind map summarising the different but overlapping roles of the government, non-government organisations (NGOs) and the media in respect of human rights.
•Students to debate whether there is ever a moral right to breach State sovereignty if human rights are being breached.
… continued
In Australia:
•The incorporation of human rights into domestic law
•The roles of:
–the Constitution, including the division of powers and separation of powers
–statute law
–common law
–courts and tribunals
–non-government organisations
–the media. / •Outline how human rights are incorporated into Australian domestic law
•Evaluate the effectiveness of Australian responses in promoting and enforcing human rights
•A Charter of Rights (arguments for and against) / •Discuss the arguments for and against a Charter of Rights for Australia / •Students could research the national debate on human rights and to argue in detail the case for and against a formal Charter of Rights in Australia.
3Investigate a contemporary issue that illustrates the promotion and/or enforcement of human rights
Resources: Derwent, B., Hamper, D., Boesenberg, J., Theiring, N. and Hayes, M. (2010), Legal Studies HSC 3rd Edition, Pearson Education Australia. pp. 140–190
Child soldiers (pp. 140–51) Organ trafficking, transplant tourism, international surrogacy (pp. 152–64)
Human trafficking and slavery (pp. 165–77) Exploitation of workers (pp. 178–90)
Students learn about: / Students learn to: / Strategies / Sign off
Issues could include:
•Genocide
•Treatment of refugees
•Asylum seekers
•Child soldiers
•Abuse of children
•Torture
•Capital punishment
•Arbitrary detention
•Religious discrimination
•Discrimination against women
•Exploitation of workers
•Human trafficking and slavery
•Limitations on free speech / •Investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue / •Students can research and investigate the effective-ness of legal and non-legal remedies in addressing a selected human rights issue. This could take the following form:
–Define the issue.
–State its prevalence globally (which nations and how serious).
–State the role of the UN, NGOs and media in raising awareness about the issue.
–Assess the responsiveness of the nation-states in which the human rights issue is prevalent.
–Assess international mechanisms including any treaties (bilateral or multilateral) and Declarations.

Part III: Options50% of course time

Students MUST study two of the following options. Each is worth 25% of the course time.

1Consumers

2Global environmental protection

3Family

4Indigenous peoples

5Shelter

6Workplace

7World Order